The Court of Appeal sitting in Kaduna has reserved judgement on an appeal filed by former Kaduna State Governor Nasir El-Rufai, challenging the refusal of his bail application by the Kaduna State High Court.
The presiding judge, Justice Onyekachi Aja Otisi, reserved judgement after hearing arguments from counsel representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission.
Speaking after the proceedings, ICPC lead counsel, Ayodeji Adedipe, urged the appellate court to dismiss the appeal, arguing that the Kaduna State High Court was right to deny El-Rufai bail.
Adedipe said El-Rufai had filed three separate bail applications before the trial court, all of which were refused.
According to the ICPC counsel, the first application was dismissed, while the second was rejected after El-Rufai failed to establish any exceptional circumstances warranting another bail application.
He said the third application was subsequently filed and also dismissed, but that El-Rufai appealed against the ruling on the second application.
Adedipe argued that the former governor failed to disclose to the Court of Appeal that his third bail application had also been rejected.
He therefore described the appeal as unmeritorious and urged the court to dismiss it.
Counsel to El-Rufai, Paul Erokoro, SAN, however, urged the appellate court to overturn the lower court’s decision and grant his client bail pending the determination of the charges against him.
Erokoro argued that the offences against El-Rufai were bailable and did not carry capital punishment, maintaining that there was no justification for denying him bail.
He said bail was a constitutional right except in capital offences and argued that El-Rufai’s continued detention in ICPC custody was making it difficult for him to adequately prepare his defence.
According to the senior lawyer, the detention had restricted El-Rufai’s access to his lawyers and witnesses and could affect confidential communication between the defendant and his legal team.
Erokoro also described El-Rufai as a prominent opposition figure and argued that the timing of the criminal charges, coming close to an election, was noteworthy.
He said the defence remained hopeful that the Court of Appeal would take a different position from the High Court and grant the former governor bail.
After hearing arguments from both sides, Justice Otisi reserved judgement but did not announce a date for its delivery.
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